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HomeMy WebLinkAboutORD NO 848 OBDTI~ANCE NO o ~ NEW AN OBDIH~NCE REGULATIlq~ THE OPERATION Ai~D M~INTEH~NCE OF SOUND EQUII~ME17T IN THE CITY OF B.~ERSFIELD ~ CALIFORNIA o BE ~'T OBDAINED BY THE COUNCIL OF THE CITY OF BAEER~FIELD, as folJ. ows ~ SECTION 1. Definit ions. For the purpose of this ord'inance, the following words and phrases sbm.ll have the meaning herein specified: . (a) "Person" shall include the singular and plural shall mean and include any person, firm, corporation, associatlon~ club~ partnership~ society or any other form of association or organization. (b) "Sound equipment" shall mean and include an~ loud Speaker, public address system, sound amplifier, radio, or phonograph equipped with a loud speaker or soum~ amplifier~ or any machine or device for the amplification'or reproduction.of the human voice, music or any other soum~, when operated or maintained in such a manner 'as to cause any such sound to be audible to a person of average hearing faculties or capacity in, on or over any public street,, highway, sidewalk, public building~ park or other public place or any 'private premises other than the premises or vehicle upon which any such machin~ or device is being operated or maintained. It shall not include the operation of any public address system, .loud speaker or other machine or device for the necessary amplification or reproduction of sound in connection with any program, entertainment~ contest, public celebration, 'performance, show, exhibition, or similar event, with a volume no louder than necessary for the convenient hearing of those within the buildi~g, enclosure or space in which such program, entertainment, contest, public celebration, performance, show, exhibition or similar event is staged or conducted; the opera- --1 -- tion of. any radio receiving set, musical instrument, pho~graph or other machine or device for the producing or reproducing of sou~t with a volume no louder than necessary for the convenient hearing of the person or persons who are within the room, building, vehicle, chamber or space, in which such machine or device is operated and are voluntary listeners thereto; or .warning device on authorized emerg- ency vehicles or horns or other authorized warning devices on any vehicle used only for traffic safety purposes. (c) "Sound truck" shall mean any vehicle having mounted .thereon~ or attached thereto, any sound equipment as herein defined. (d) "Commercial purpose" shall mean and include the use~ operation or maintenance of any sound equipment for the purpose of · advertising any business, or any goods, wares, merchandise or ser- vices, or for the purp.ose of attracting the attention of the' public to or advertising for or soliciting patronage or customers· to or for any performance, show, entertainment, exhibition or event, or any lottery scheme or raffle, or for the purpose of demonstrating any such sound equipment. (e) "Non-commercial purpose" shall mean the use, ..,operation or maintenance of any sound equipment for other than a commercial purpose as herein defined. (f) "Central Traffic District" shall mean and include that portion of the City of Bakersfield defined as such by Traffic Ordinance No. 6~8 New Series, or arum other· ordinance hereafter adopted by the City of Bakersfield. SECTION 2. Non-Commercial Use of Sound' Equipment. / ........... _::... _(a.). Registration Required.. _N..o .,per.s.o.n..~ shall operate, maintain, or cause, allow or permit to be operated or maintained any sound equipment for a non-commercial purpose in the City of Bakers- field before filing a registration statement in.writing with the City Manager on a form to be provided by said City Manager. Such statement shall be filed in duplicate and shall contain the follow- ing information.' (1) Name and .address of (2) Address of place of business or employment of (]) Name and address of owner of sound equipment; (4) Name and address of person in direct charge of sound equipment'; (~) Names and addresses of all persons who will use or operate the sound equipment; (6) A general description of the sound equipment which is to be used; (7) The location where such. sound equipment is to be used; if on a sound'truck, the name and address of the registered owner a~ the license number of same~ and a general statement of the section or sections of the city in which such sound truck is to be operated; (8) A general statement of the purpose for which such sound equipment is to be used; (9)' The proposed hours of operation of such sound equip- ment; (lC) The dates of proposed operation of such' sound equipment; (ll) The maximum sound producing power of the sound equipment' to be used. State the following~ (a.) The wattage to be used; (b) The volume in decibels o'f the sound which wili be produced; (c) The approximate maximum distance for which sou~ will be thrown from the sound equipment. "(b) Registration Statement ~Amendment.. All persons operating or maintaining, or causi.ng~ allowiD~ or permitting' to be operated or maintained any sound equipment for a non-commercial purpose shall amend any registration statement filed pursuant to' '3- this section within forty-eight (48) hours after an~ change in the information therein furnished. (c) Registration and Identification. The City Manager shall return to each~.e.'gistrant under Section 2 (a) of this ordinance, one copy of said registration statement duly certified by him a.s a correct copy of said statement, Said certified copy'of the registra- tion statement shall be in the possession of any person operating the sound equipment, at all times, and said copy shall be displayed promptly to any peace officer upon request; (d). Regulations for Use. The operation or maintenance of sound equipm6nt for non-commercial purposes shall be subject to the following regulations.. · (1) The only sounds permitted are music or human speech; (2) Operations are'fpermitted only between the hours of 9 A.M. and 6 P.M. of each day. (3)· Sound equipment shall not be operated, on any sound truck on any street or highway in the City of Bakersfield unless said sound truck is operated at a speed of at least ten (10) miles per hour. except when such truck is stopped or impeded by traffic, or in obedience to traffic signs or signals or the lawful orders of any police officer; when such sound truck is stopped by traffic or in obedience to such traffic signs or signals or pol'ice officer the sound equipment thereon shall not be operated for longer than one (1) minute at any one stop. (4) Sound shall not be issued within one hundred (100) yards of.' (t) Ar~v hospital (~i) ~ school, except after school hours and on days when school is not in ses- sion and when said school is not being used for the purpose of a public meeting. (iii) Any church, except when the 'same is not beim~ used for re~."igious services or classes. (iv) The City Hall or Kern County 0curt House, except after % P.M., and on legal holi- ( v ) days. ' Any mortuary or cemetery ' (%) No sound truck or sound equipment shall be operated or maintained within the Central Traffic District. (6) The human speech or music amplified shall not be --4" profane, lewd,..indecent or slanderous. (?) The volume of sound shall be controlled so it will net. be audible for a distance in exc~ s of one hundred fifty (1%0) feet from the veh.~ le, or the exterior boundaries of the premises u~ n which said ~ound equipment iS located, and sc that said volume is not unreasonably l'oud~ raucous, Jarrim~, disturbing or a nuisance persons within the area of audibility.. SECTION 3. Commercial Use of Sound Equipment Prohibited, No person shall operate, maintain or cause, allow or pe - mit to be operated or maintained any sound equipment for a commer £al purpose within the City of Bakersfield. SECTION 4. Sound Amplification from Aircraft Prohibited. No person shall operate, or cause~ allow or permit to b operated any aircraft for any purpose in or over the City of Bake: field from which any sound equipmen~ is being operated with volum. sufficiently loud to be audible' to a person of average hearing faculties or capacity in or on any public street, highway, si~ewa~ public building~ park or other public place~ or in or on any priv~ ;e premises in said City. SECTION ~. Constitutionality. If any section, sub-sectioni sentence, clause or phrase of this ordinance is. for any reason held to be unconstitutional~ such decision shall not affect the validity of the remaining sect~ ns of this ordinance. The Council hereby declares that it would have passed this~ordinance, and each section, sub-section, sentence, claus8 and-phrase thereof', irrespect.ive of the fact that any one c more sections, sub-sections, sentences, clauses or phrases be declared invalid or unconstitutional. SECTION 6. Penalty for Violation. Any perSon violating any of the provisions of this ordi- nance or in any way contributing .to its violation shall be guilty of a misdemeanor and upon conviction, shall be punishable b.y a fine not to exceed five hundred dollars ($~00.00) or by imprisonment for not to exceed six (6) months, or by both such fine and imprison- ment · SECT I0N ?. Repeal. Ordinance No. 411 New Series of the City of Bakersfield is hereby repealed. I HEREBY CERTIFY that the .foregoing Ordinance was passed and adopted by the Council of the City of Bakersfield, at a regular meeting thereof held on the l~th. day of September. , 1949, by the following vote: CROSS, ,':::::;,';, MORELOCK, SHURLEY, SIEMON, VAND£RLEI Acting City Clerk· and Ex-Off~cio - Clerk of the Council of the City of Bakersfield· APPROVED this ~mG~h day of Sent. ember. , 1959. / ..OR' offthe City 'o~Bakersfleld. - ., -6- AffrayS! of os mg r man es STATE OF CALIFORNIA County of Kern ss. ~ARIAN S. IRVlN, ~ being duly sworn, deposes and says: Thatshe is the duly appointed, acting and qualified Clerk of the City of Bakersfield; and that on--_~_O.p_tdtlllb.O.l~_B.0 ................................ , 19_~R__, he posted on the Bulletin Board at the City Hall, a full, true and correct copy of an ordinance passed by the Council of said City at a meeting thereof duly held on__~_o_~_o_Irth.O_~__]._~ .......................... , 19__~.~_, which ordinance was numbered. 848 .New Series, and entitled: AN ORDINANCE REGULATING TBE OPERATION AND ~AINTENANCE OF SOUND EQUIPN~NT IN THE CITY OF BAKERSFIELD, CALII~OI~NIA ~ubscribed and sworn to before me this '~/ Notar~ ~1i¢ in and for the Count~f Kern, - ' ' ~/ State of California. "